A. A. E.S. Eastern Co., Ltd. (hereinafter “A.S.”), is an owner of the instant construction project and a contractor of the apartment construction project (hereinafter “instant construction project”) located within 190 Hanam-si, Hanam-si, Hanam-si. 190

Defendant Construction and Development Co., Ltd. (hereinafter “Defendant Construction and Development”) awarded a subcontract for the interior works of this case from ASdong (hereinafter “the interior works of this case”). The Plaintiff was a company established for the purpose of timber sanctions and processing business, etc., and was entrusted with the manufacture and supply of wood and jointboards, etc. required for the interior works of this case by the construction development, and supplied materials worth KRW 35,231,100 during the construction site from June 1, 2016 to November 24, 201 of the same year. At the time, Defendant Construction and Development entrusted the Plaintiff with the manufacture and supply of materials by pointing out the name (i.e., signal transmission, general joint board, 12Thap, D), size and quantity of materials required for the interior works of this case.

B. Defendant Construction Development issued and delivered promissory notes to the Plaintiff for the payment of the price of supply of materials, etc., but on November 28, 2016, the said promissory notes were not paid for the price of supply of the said materials, etc. as the Plaintiff was in bankruptcy.

C. The Plaintiff, upon the Defendant’s failure to pay as above, requested direct payment of KRW 35,231,100 (including value-added tax) for the instant material price based on Article 14(1)1 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”) and Article 35(1) and (2) of the Framework Act on the Construction Industry to ASdong, the ordering person, on November 29, 2016.

B sent by content-certified mail, and the above content-certified mail reached on November 30, 2016, the following day. D.

Defendant New Development made a first demand for direct payment to the Plaintiff’s AS East, and 6,154.